Social Monitoring Report
Project Number: 37494 November 2010
PRC: Hunan Roads Development III Project External Monitoring Report on Land Acquisition and Resettlement for Huayuan-Fenghuang Local Road (I)
Prepared by: Institute of Biological Resources and Environmental Science, Jishou Univeristy, People’s Republic of China
For Huayuan-Fenghuang Highway Construction Co., Ltd.
This report has been submitted to ADB by Hunan Provincial Transportation Department and is made publicly available in accordance with ADB’s public communications policy (2005). It does not necessarily reflect the views of ADB.
Resettlement Monitoring Report
Project Name: Resettlement Monitoring Report of the Huayuan–
Fenghuang Highway Reconstruction Project
Client： Huayuan–Fenghuang Highway Construction Co., Ltd.，Huayuan
County
Huayuan–Fenghuang Highway Construction Co.,Ltd., Fenghuang
County
Monitoring Unit： Institute of Biological Resources and Environmental
Science, Jishou University
Date of Issuance: November 11, 2010
2
Resettlement Monitoring Report of the Huayuan–Fenghuang Highway Reconstruction Project
Compilation Unit：Institute of Biological Resources and Environmental Science,
Jishou University
Technical Principal：Hu Wenyong
Quality Assurance Principal：Chen Yiguang
Report Compiler：Shi Kai
Report Examiner：Zhuang Dachun
Report Verifier：Chen Gongxi
Participants：He Zeqiang, Liu Chunqiong, Qu Zhouxin, Yuan Zhizhong, Su Yin,
Yi Langbo, Huang Xiong, Xiongli
Date of Issuance：November 11, 2010
3
Content
I、PROJECT BRIEFING AND PROJECT PROGRESS.....ERROR!
BOOKMARK NOT DEFINED.
1.Project briefing......
1.1 Project background......
1. 2 Project Explanatin...... Error! Bookmark not defined.
2. Project Progress ...... Error! Bookmark not defined.
II、RESETTLEMENT PLAN BRIEFING AND BACKGROUND
FOR MONITORING...... ERROR! BOOKMARK NOT DEFINED.
III、RESETTLEMENT PLAN IMPLEMENTATION...... ERROR!
BOOKMARK NOT DEFINED.
IV、ORGANIZATION ...... ERROR! BOOKMARK NOT DEFINED.
4.1 Resettlement organization .. Error! Bookmark not defined.
4.2 Responsiblities......
V.．LAND REQUISITION..ERROR! BOOKMARK NOT DEFINED.
5.1 Land requisition in Huayuan countyError! Bookmark not
defined.
5.2 Land requisition in Fenghuang county......
VI．COMPENSATION FOR LAND REQUISITION AND
RESETTLEMENT...... ERROR! BOOKMARK NOT DEFINED.
4
6.1 Compensation standard for land requisition and
resettlement ...... Error! Bookmark not defined.
6.2 Compensation for land requisition and resettlement in
Huayuan county...... Error! Bookmark not defined.
6.3 Compensation for land requisition and resettlement in
Fenghuang couty ...... Error! Bookmark not defined.
6.4 General Situation for compensation of land requisition and
resettlement in Huayuan county and Fenghuang county.. Error!
Bookmark not defined.
6.5 Housing dismantling and rebuildingError! Bookmark not
defined.
6.6 Peasants re-employment plan ......
6.7 Compensation for arable land......
VII．PUBLIC CONSULTATION ...... ERROR! BOOKMARK NOT
DEFINED.
VIII、Conclusion Error! Bookmark not defined. Attachment Pictures：
Picture 1：The sketch map of Huayuan-Fenghuang highway construction progress Picture 2：Photos of resettlement public consultation Picture 3：Photos of highway construction site Attachment Tables：
Form1：Resettlement public consultation form for the affected people（1 blank form, 5 filled forms） 5
Form 2：Resettlement public consultation form for the affected units（1 blank form, 5 filled forms）
Appendixes： Appendix 1 Xiangxi autonomous prefecture government document ZHOUZHENFA (2009)No.5 The approval of the compensation methods for land requisition and resettlement for Xiazihuan-Tuojiang highway and Qianling-Hexi highway by Xiangxi autonomous prefecture government Appendix 2 Xiangxi autonomous prefecture government document The approval of the compensation methods for land requisition and resettlement for Huayuan-Fenghuang highway by Xiangxi autonomous prefecture government Appendix 3 Xiangxi autonomous prefecture government document ZHOUZHENFA (2007)No.1 The Issuance of the compensation standards and methods for land requisition and resettlement for Jishou-Chadong highway by Xiangxi autonomous prefecture government Appendix 4 National land bureau document under Xiangxi autonomous prefecture government Notification on budgets of the first batch and the second batch of land development projects in 2009 Appendix 5 National land bureau document under Xiangxi autonomous prefecture government Notification on budgets of the third batch and the fourth batch of land development projects in 2009
6
I. I, PROJECT BRIEFING AND PROJECT PROGRESS
1.1 Project Background
Huayuan-Fenghuang highway construction project is a poverty alleviation project under the ADB financed Hunan Roads Development III project and is a key construction project of Western Hunan (Xiangxi) Autonomous Regions Prefecture.
It is financed by ADB, totaling 87.353km, improving the original no-class road into class 4 road. The project passes Huayuan and Fenghuang counties which are located in the west of Hunan province, and they were determined as the national key poverty alleviation counties in 2001. The project construction will improve the traffic condition in the project area, further promote the local industrial and agricultural production, pace up the poverty alleviation, increase the benefit of the minorities.
Hunan Provincial Development and Reform Commission issued the Approval to the Feasibility Study Report of Huayuan–Fenghuang Highway Reconstruction
Project in April, 2005. In January, 2007, Hunan Provincial Department of
Communications carried out the examination for the project and issued the
Approval to the Preliminary Design of Huayuan–Fenghuang Highway Project. In
September, 2008, Hunan Provincial Department of Communications carried out the examination for the project and issued the Approval to the Detailed Design of
7
Construction Drawing of Huayuan–Fenghuang Highway. In July, 2008, the approval for the environmental impact report table was passed. Currently, the project is under construction and will be completed in March 2011.
!.2 Project description
Huayuan-Fenghuang highway starts at Xiazihua, Malichang town of Huayuan county, passing Yaqiao village, Paiwu village, Jiwei town, Buchou village, Yayou town, entering Fenghuang county, through Liangling village, Na’ershan town,
Sanjiang village, Qiangongpin village and Tuojiang village, with a total length of
87.353km. Among which the length in Huayuan county is 41.678km and the length in Fenghuang is 45.675km. The project is to improve the no-class road into class 4 road with vehicle axle load of highway class II, design speed of 20km/h, subgrade width of 6.5m, pavement width of 6.0m, cement concrete pavement.
The project is to widen the existing road from 4.5m to 6.5m, so it is unavoidable to have land requisition and resettlement. Along the whole alignment, 11 towns and 30 villages are affected by land requisition and resettlement, 8 villages are affected by land requisition and house dismantling, 22 villages are affected by land requisition. The affected infrastructures include: electricity wires, communications wires and optical cable. And also few irrigation canals need to be restored.
2 Project progress
The Huayuan–Fenghuang Highway totals 87.353km. The length of the highway within the border of Huayuan County is 41.678km and that within the border of
8
Fenghuang County is 45.675km. Until 15 October 2010, the investment of 38.40 million yuan RMB for the section in Huayuan county has been completed and the investment of 20.92 million yuan RMB for the section in Fenghuang county has been completed.
Until 15 October 2010, for the section in Huayuan county, sub-grade earthwork
and stonework with a volume of 30.46 thousand m3 have been completed,
taking up 93% of the design volume. Sub-grade blasting stonework with a
volume of 65.40 thousand m3 has been completed, taking up 93% of the design
volume. The retaining wall have been completed. The pavement cement
stabilized macadam foundation with a volume of 108500 m2 has been
completed, taking up 33% of the design volume, the pavement cement concrete
surface with a volume of 101700 m2 has been completed, taking up 33% of the
design volume. 113 meter/3 small bridges, 989 meter/133 culverts have been
completed, 14 crossing engineering have been completed.
Until 15 October 2010, for the section in Fenghuang county, the subgrade earthwork volume of 20968 m3 have been completed, subgrade stonework volume of 69659 m3 have been completed, retaining wall volume of 7155 m3 have been completed, 190meter/20 culverts have been completed, 1 stone arch bridge with the span of 6 meters has been completed, cement stabilized layer of
90990 m2 has been completed, cement concrete surface of 18600 m2 has been completed. For the Na’ershan new road construction section, the subgrade
9
cleaning work has been completed and the earthwork and stonework will be soon started.
In relation with the detailed implementation of the resettlement plan, according to the current construction progress, until 15 October 2010, the whole project is started, having influence to 6 townships in Huayuan county, namely Malichang town, Yaqiao village, Paiwu village, Jiwei village, Buchou village, Yayou town and
5 townships in Fenghuang county, namely Tuojiang town, Qiangongping,
Na’ershan, Liangling village and Shanjiang village.
II. Resettlement Plan briefing and resettlement monitoring background
The Resettlement plan on Huayuan-Fenghuang highway under Hunan Roads
Development III Project was worked out in Novermber 2008 by Huayuan–
Fenghuang Highway Construction Co.,Ltd., Huayuan county and Huayuan–
Fenghuang Highway Construction Co.,Ltd.,, Fenghuang County together with local resettlement experts. It is based on the detailed design of the project and is reliable. The draft resettlement plan has been reviewed by affected townships and ADB, their comments were included in the Resettlement plan. After the approval of the Resettlement plan by ADB, the project executing companies are responsible for implementing the resettlement plan.
According to the Resettlement plan on Huayuan-Fenghuang highway under
Hunan Roads Development III Project and the requirements of ADB, for ensuring the land requisition and resettlement plan to be implemented totally according to requirements, during the project construction, the internal monitoring and external
10
monitoring shall be done on implementation of resettlement plan. The external monitoring shall be done every half year and be submitted to ADB. ADB will have mid-term and project completion inspection on the implementation of resettlement plan. In October 2010, Huayuan–Fenghuang Highway Construction Co.,Ltd.,
Huayuan county and Huayuan–Fenghuang Highway Construction Co.,Ltd.,,
Fenghuang County consigned Jishou University as an independent evaluation and monitoring institute to do the external monitoring and evaluation of the resettlement plan.
III. Resettlement plan implementation
The project executing agencies are Huayuan–Fenghuang Highway Construction
Co.,Ltd., Huayuan county and Huayuan–Fenghuang Highway Construction
Co.,Ltd.,, Fenghuang County, which are separately under the jurisdiction of
Huayuan county government and Fenghuang county government. They are responsible for the project execution and implementation and coordination of land requisition and resettlement. The corresponding resettlement organizations are set up in Huayuan county and Fenghuang county.
In the resettlement plan, the total cost is 10353430.08 yuan FMB, among which the total cost of dismantling is 696163.8 yuan RMB, taxation being 3523871 yuan
RMB. The land requisition in Huayuan county and Fenghuang county totals
279.1645 mu, total cost for land requisition is 6133395.28 yuan RMB, among which land compensation cost of 1919254.37 yuan RMB, resettlement compensation cost of 3496662.49 yuan RMB, young crop (including scattered
11
crops) compensation cost of 717478.72 yuan RMB, scattered trees compensation cost of 112413.6 yuan RMB. There are 6 mu temporarily-used land, 35.3% of permanently land requisition are arable land. 21 households need to dismantle the house in the countryside. No school, hospital, factory and mines need to be moved.
For Huayuan county, 129.71 mu lands are requisitioned, among which 3.4 mu lands are for temporary use, 13 households need to dismantle the house. For electrical and communications wires dismantling, 1.2km electrical wires need to be dismantled, 2.4km communication wires need to be dismantled. 1 tomb need to be moved. For temporary facilities, 2432km canals need to be restored temporarily, 35 pipes of drinking water for people’s living need to restored temporarily, 452m pipes of drinking water need to be set up. For the compensation cost of land requisition and resettlement in Huayuan county, the total resettlement cost is 4765894.08 yuan RMB, among which land requisition cost of 2783510.28 yuan RMB, resettlement cost of 46198.8 yuan RMB, taxation of 1936185 yuan RMB.
For Fenghuang county, 149.4545 mu land are requisitioned, affecting 242 households, among which 2.6 mu temporarily-used land. For house dismantling,
8 households need to dismantle the houses. For electrical and communications wires, 8.6km of electrical wires need to be dismantled, 1.95km of communications wires need to be dismantled. For the compensation cost of land requisition and resettlement in Fenghuang county, the total resettlement cost is 5587536 yuan
12
RMB, among which land requisition cost of 3349885 yuan RMB, resettlement cost of 649965 yuan RMB, taxation of 1587686 yuan RMB.
IV. Organizations
4.1 Resettlement organization
Figure 1 Organizations for Land Requisition and Resettlement
13
Hunan Provincial Communications Department
Prefecture coordination Leader Group Xiangxi Prefecture Communications Bureau
Huanyuan County Construction Fenghuang County Construction Headquarter for Huayuan— Headquarter for Huayuan-Fenghuang Road fenghuang Road
Huayuan County Huayuan- Fenghuang County Fenghuang Road Huayuan-Fenghuang External Construction&Devp company Road Construction&Devp Supervision Institution County Resettlement Office Jishou University County Resettlement Office
6 village/township resettlement office 5 village/township resettlement office
15 villages committee 5 villages committee
Hunan Provincial Department of Communications (HPDC) is responsible for the implementation of the project on behalf of Hunan Provincial People’s Government, and the Project Office under HPDC is in charge of the coordination and contact with all the related units and Asian Development Bank. The implementing 14
agencies (IA) for this Fenghuang-Huayuan Road subproject are the Huayuan
County Construction Company Limited (HCCL) and the Fenghuang County
Construction Company Limited (FCCL), which are respectively under the jurisdiction of Huayuan County People’s Government and Fenghuang County
People’s Government. They are responsible for execution and implementation of the project and the coordination for land acquisition and relocation. The IA of each project will establish a resettlement office with 4 to 5 members, and similar offices will also be formed in both counties, which will be led by a county leader who is followed by 5 to 6 members from such departments as communications, land & resource, environment protection, forestry department, usually one person from each department; related county or town will appoint four members in charge of the resettlement. Under the leadership and guide of the Coordination
Leading Group of Xiangxi Autonomous Prefecture, related organizations are established with clear responsibility. Figure 1 shows the organization framework.
4.1.1 Organization in Huayuan county
(1) Huayuan county Huayuan-Fenghuang highway construction headquarter, leader: Zhang Hongbing
(2) Huayuan county Huayuan-Fenghuang highway construction and development company, director: Liu Hongwu
(3) County resettlement office:
Person in charge: Shi Zhenhua, Li Yunhai, Wang Yongjie
(4) 6 township/village resettlement office:
15
Person in charge in Malichang town: Tian Yulai, Ma Wenqing Long Fengying
Person in charge in Yaqiao village: Long Chengshen, Yang Beihua, Long Min
Person in charge in Paiwu village: Shi Lei, Long Zhihua, Yang Yimin
Person in charge in Jiwei town: Zhang Dingxin, Yang Huijun, Long Yanjian
Person in charge in Choubu village: Liu Jiping, Long Jiyong, Ma Wengao
Person in charge in Yayou town: Li Mengtao, Shi Weijun, Long Xinhui
(5) 15 village committee
Village committee responsible Village committee responsible Xinke Shi Weixian Jinniu Ma Laolong Pengyan Long Jixian Tiantang Shi Zhigao Youma Ma Zhigao Dongma Ma Xiansheng Dapai Long Weizhi Jisi Long Maoxian Jiwei Zuo Xianlong Jijiu Long Laode Hangshang Wu Shengyong Buchou Shi Yongying Paidakou Long Laoxian Youma Ma Desheng Hangdu Long Qiusheng
4.1.2 Organization in Fenghuang county
(1) Fenghuang county Huayuan-Fenghuang highway construction headquarter, leader: Tian Maojun
(2) Fenghuang county Huayuan-Fenghuang highway construction and development company, director: Xu Zhongguang
(3) County resettlement office:
Person in charge: Ou Xinfu, Zhang Yuehua, Ma Zhengbiao
(4) 5 township/village resettlement office: 16
Person in charge in Tuojiang town: Long Wanqin, Wangbin, Long Taobiao
Person in charge in Qiangongpin: Long Binsheng, Ma Huixin, Ou Jinhui
Person in charge in Na’ershan: Zhang Yang, Shi Hongjun, Wu Zhiyong
Person in charge in Lianglin village: Long Linbin, Ma Binlin, Ou Wanhai
Person in charge in Shanjiang town: Tian Shiqin, Zhang Zhimin, Wu Yaocheng
(5) 17 village committee
Village committee responsible Village responsible committee Gouguai Wu Yunguang Lianglin Long Chenghuo Wudou Long Zhihua Gaoguo Long Qiugui Pugou Long Fengyun Duoxi Shi Zhiyong Dihe Long Fumin Luotuoshan Long Fuhui Dama Long Weian Qiantan Wu Nuofeng Huangmaoping Long Pinzhou Xinguang Long Xianqin Yanbanjin Wu Binwen Jiantang Wu Hejin Haichongkou Liu Shenggui Longpin Hu Wensheng Jinpin Yao Yuansheng
4.1.3 External monitoring agency
Institute of Biological Resources and Environmental Science, Jishou University
Person in charge：Hu Wenyong
Members of experts:: Hu Wenyong, Zhuang Dachun, Shi Kai, Chen Gongxi,
Chen Yiguang, He Zeqiang, Liu Chunqiong, Qu Zhouxin, Yuan Zhizhong, Su Yin,
Yi Langbo, Huang Xiong, Xiongli
4.2 Responsibilities
17
1. 4.2.1 Responsibilities of Coordination Leading Group
(Prefecture Communications Bureau) of Xiangxi Autonomous
Prefecture
The main responsibilities of the Coordination Leading Group of Xiangxi
Autonomous Prefecture are as follows:
On behalf of Hunan People’s Government, examine and approve related migrant resettlement policy, and organize & coordinate relations among migrant organization at all levels; organize and coordinate the compilation and implementation of this Resettlement Plan; direct, coordinate and supervise the migrant resettlement implementation activities and their progress; deal with relevant appeal and reply as quickly as possible.
2. 4.2.2 Responsibilities of County Road Construction
Headquarters
It is in charge of formulating policies of resettlement activity, organizing and coordinating relations between resettlement organizations at all levels, and supervising as well as examining the payment and application of resettlement compensation.
4.2.3 Responsibilities of Resettlement Office of Huayuan county Huayuan-
Fenghuang highway construction and development company and
Fenghuang county Huayuan-Fenghuang highway construction and
development company
The Resettlement Office of Huayuan county Huayuan-Fenghuang highway
18
construction and development company and Fenghuang county Huayuan-
Fenghuang highway construction and development company are chiefly responsible for the compilation and implementation of Resettlement Plan. Details are as follows:
Organize and coordinate land requisition and resettlement work, payment of compensation fee and sign an agreement of resettlement with County
Resettlement and Coordination Office; survey and research resettlement work, take advice of coherent units and individuals, handle pertinent appeal & complain and give reply as quickly as possible; In charge of the management, allocation and supervision of resettlement funds; preside over and inspect internal monitoring activity, and take charge of compiling progress report of land requisition and resettlement; determine external monitoring mechanism and support external monitoring activity.
3. 4.2.4 Responsibilities of County Resettlement Office
The County Resettlement Office is mainly in charge of the implementation and supervision of land requisition and resettlement work. The main responsibilities are as follows: according to the depositions and requirements of Huayuan county
Huayuan-Fenghuang highway construction and development company and
Fenghuang county Huayuan-Fenghuang highway construction and development company, check the quantity of relevant land, houses, and infrastructure; evaluate the values of relocated land and houses and determine the compensation standards; sign an agreement of land requisition and resettlement 19
with the relocated unit and individual; pay compensation fees to related unit and individual; supervise and check the payment and application of compensation; supervise the implementation status of Resettlement Plan in towns and villages; report regularly the resettlement status to the Land Requisition and Resettlement
Office of Xiatuo Company, and submit relevant statistics and report forms on request.
4. 4.2.5 Responsibilities of Township (Town) Resettlement
Offices
The responsibilities of Township (Town) Resettlement Offices are as follows:
Investigate, supervise and record the resettlement work of this township (town); inspect the recovery situation of land requisition, house relocation and infrastructure; examine training and employment status.
5. 4.2.4 Responsibilities of Villagers’ Committees
The responsibilities of villagers’ committees and villagers’ groups are as follows:
Report: the quantity of land requisition; the ownership of land, house and so on; the situation of population and land, participate in the on-the-spot investigation; help households select resettlement place and construct new house; deal with appeal issues; supervise and report resettlement progress.
4.2.7 Internal Monitoring
During the project construction, Huayuan county Huayuan-Fenghuang highway construction and development company and Fenghuang county Huayuan-
Fenghuang highway construction and development company will be in charge of
20
the overall monitoring and inspection of the project. The inspection will be on the following issues: (1) payment of compensation fee; (2) house/buildings dismantling and rebuilding; (3) dealing with appeal issues; (4) income restoration and training plan; (5) support to vulnerable groups.
4.2.8 External Monitoring
The project executing agencies have consigned Jishou university as external monitoring agency, with the aim of external monitoring and evaluation as follows:
(1) evaluate the efficiency, result, influence (including the behavior reaction of
resettlement people) and the work continuity of land requisition and
resettlement; if there is any problem, analysis shall be done and the feasible
solution measures shall be suggested to the project executing agencies; (2)
determine whether the welfare of the resettlement people is restored and
maintained after the land requisition and resettlement; if the welfare is not
restored or maintained, the reasons shall be found out and the solutions shall
be suggested.
V. Land Requisition
The project design standard is mountainous and heavy hilly region class 4 road, with subgrade width of 6.5m, pavement width of 6m, totaling 87.353km, so it is unavoidable for land requisition and resettlement.
Totally 279.1645 mu land are requisitioned for the project, among which 139.71 mu land requisitioned in Huayuan county, 149.4545 mu land requisitioned in
Fenghuang county. During alignment design, the existing road passing the towns
21
is changed to bypass the towns so as to reduce the land requisition and resettlement.. 13 households are resettled in Huayuan county and 8 households are resettled in Fenghuang county.
5.1 Land requisition in Huayuan county
The land requisition is basically completed in Huayuan county. Totally 129.71 mu land are requisitioned among which 3.4 mu land of temporary use. The summary table on land requisition in Huayuan county is shown in table 1, the summary table on types of land requisition is shown in table 2. 1808 households in
Huayuan county are affected by the project. For the house dismantling, 13 households with 71 persons are affected.
Table 1 Summary table on statistics of land requisition in Huayuan county
22
Towns&villages Villages land（mu） total（mu） Jinniu 3.068 Lizhen town Malichang 2.85 8.938 Xinke 3.02 Pengyan 2.024 Tiantang 0.13 Yaqiao town Daxin 0.15 4.507 Baolou 0.763 Youma 1.44 Dapai 2.542 Paiwu village Xiaopai 0 9.825 Dongma 7.283 Jiwei 28.511 Jiwei town 44.300 JIsi 15.789 Buchou 17.78 Buchou Dashao 12.42 40.06 village Hangshang 6.86 Jijiu 3 Dongwei 5.55 Youmai 1.5 Yayou town Paidakou 5.94 22.080 Hangdu 4.03 Majia 5.06 total 129.71
Table 2 Summary table on types of land requisition
Basic Dry Waste paddy woodland canal protection total types land land townships （mu） （mu） （mu） denoter （mu） （mu） （mu） （mu） Mali town 2.33 3.238 0.71 2. 66 0 0 8.938 Yaqiao 2.884 0.593 0.57 0.46 0 0 4.507 town Paiwu 5.942 2.673 0.46 0.75 0 0 9.825 village Jiwei town 27.7405 3.875 5.372 7.311 0 0 44.30 Buchou 16.4247 13.6394 0.7286 9.2673 0 0 40.06. village Yayou 4.23 11.57 2.01 2.82 0.57 0.88 22.08 town total 59.55 35.59 9.84 23.268 0.57 0.88 129.71
23
For the electrical and communication wires dismantling, 2.8km of electrical wires and 3.25km of communications wires are dismantled. 1 tomb is to be moved. For temporary facilities, 2432m of canals are temporarily restored, 35 pipes for living water drinking with 452m long are temporarily restored. The production and living of the people and the units along the alignment are not affected greatly by the project.
5.2 Land requisition in Fenghuang county
The land requisition is basically completed in Fenghuang county. Totally
149.4545 mu land are requisitioned among which 2.6 mu land of temporary use.
The summary table on land requisition and on types of land requisition in
Fenghuang county is shown in table 3. Altogether 242 households are affected by land requisition. For the house and annexes dismantling, 8 households are affected, among which 2 households in Lianglin village, 2 households in
Shanjiang town, 3 households in Tuojiang town, 1 household in Qiangongping, the new houses are almost completed. For the electrical and communication wires dismantling, 8.60km of electrical wires and 1.95km of communications wires are dismantled. The tombs are all removed. Altogether 44 tombs are removed, the details are shown in table 4.
24
Table 3 Summary table on land requisition and on types of land requisition in Fenghuang county . Land requisition（mu） Town- Natural Dry Specialized Artificial Waste Embank- Enterprise House Countryside ships total paddy arbor land fish pond woodland land ment land site road woodland Lianglin 24.077 10.432 4.728 0 1.69 2.96 1.797 0 0 0.17 2.3 village Na’ershan 49.815 30.784 8.2 0.4 1.25 0 0.1 0 0 0 3.812 Shanjiang 40.482 18.6 10.37 0 1.718 0.945 6.589 0 0.614 0 0 town Qiangongping 14.174 8.57 4.059 0 0 0 1.136 0 0 0.159 0 Tuojiang town 20.9065 7.125 10.5995 0.087 0 1.78 0 0.018 0 1.047 0.25 total 149.4545 75.511 37.9565 0.487 4.658 5.685 9.622 0.018 0.614 1.376 6.362
25
Table 4 Summary table on tombs removed in Fenghuang county
Tombs Compensation townships removed fee（yuan） （number） Lianglin 11 27500 village Na’ershan 6 15000 Shanjiang 8 20000 town Qiangongping 19 47500 Tuojiang town 0 0 total 44 110000
6. Compensation for land requisition and resettlement
6.1 Compensation standard for land requisition and resettlement
The laws and regulations of China and the ADB’s policies and requirements are taken into consideration in making the compensation and resettlement policies to migrants in the project area. The main objective of the arrangement for relocation household is to recover the income and standard of living of the people influenced by resettlement, and to avoid disruption of their existing socio- economic environment as far as possible. Special attentions are paid to the requirements of poor people, minorities and vulnerable groups.
According to the "Law of Land Administration of the People's Republic of China",
"Regulations on the Implementation of the Land Administration Law of the
26
People’s Republic of China", “Hunan Provincial Decree on Land Administration
Law of the People’s Republic of China”, “Hunan Provincial Government
Administration Department’s Notification on Issuing the yearly output value standard on land requisition in Hunan Province (XIANGZHENGBANFA (2005)
No.47)”, “Hunan Provincial Government’s Meeting summary on some questions relating to the expressway projects to be constructed in 2006 (XIANGFUYUE
(2006) No.69)”, “Xiangxi Autonomous Prefecture Government’s land requisition and resettlement method ZHOUZHENGFA (2005) No. 22)”, based on the detailed situation, the corresponding compensation standard are put forward after the full consultation among Huayuan county Huayuan-Fenghuang highway construction and development company, Fenghuang county Huayuan-Fenghuang highway construction and development company, Xiangxi Autononous Prefecture
Communications design institute, local township and village government and local villagers and are submitted to Xiangxi Autonomous Prefecture government for approval with HUAZHENG (2008) No.88 and FENGZHENG (2008) No.131.
Xiangxi Autonomous Prefecture government approved the land requisition and resettlement method of Huayuan-Fenghuang highway with ZHOUZHENGFA
(2009) No.5 and made it clear that the land requisition and resettlement of
Huayuan-Fenghuang highway should be implemented referring to
ZHOUZHENGHAN (2008) No.63, among which the “Xiangxi Autonomous
Prefecture Government’s notification on issuing the land requisition and resettlement standard and method for Jishou-Chadong expressway
27
ZHOUZHENGFA (2007)No.1” will be implemented for the compensation standard for Huayuan county; the “Xiangxi Autonomous Prefecture Government’s document on the land requisition and resettlement standard and method for
Huayuan-Fenghuang expressway” will be implemented for the compensation standard for Fenghuang county; the “Xiangxi Autonomous Prefecture
Government’s document on the land requisition and resettlement method in
Xiangxi Autonomous Prefecture ZHOUZHENGFA (2005)No.22” will be implemented for tomb removal in Fenghuang county. The details are shown in appendices 1,2, 3.
6.2 Compensation for land requisition and resettlement in Huayuan county
Until October 2010, the total cost of resettlement for Huayuan-Fenghuang highway construction in Huayuan county is 4765894.08 yuan, among which land requisition cost of 2783510.28 yuan, land compensation cost of 827847.37 yuan, resettlement compensation cost of 1724555.49 yuan, young crops compensation cost of 231107.42 yuan, the details are shown in table 5. The total cost for dismantling is 46198.8 yuan, the cost for dismantling the houses and annexes is
46198.8 yuan, among which the cost for tomb removal, cistern dismantling, electrical facilities dismantling, communications facilities dismantling, broadcast facilities dismantling are not yet paid. Among the taxation, the tax for arable land occupation is 403928 yuan, forest restoration fee is 35688 yuan, arable land development fee is 1176033 yuan, land use management fee is 320536 yuan.
28
Table 5 Summary table on statistics of land requisition compensation in Huayuan county townships villages land（mu） Land Resettlement Young crops Scatted tree Total compensation fee compensation compensation cost （yuan） fee（yuan） fee（yuan） （yuan） Jinniu 3.068 27334.53 238604 10425.5 0 Mali Malichang 2.85 7844.48 14097.5 7455 577.05 383729.07 town Xinke 3.02 11617.81 61025 777 3971.2 Pengyan 2.024 8376.84 15768.55 1157.1 0 Tiantang 0.13 892.12 1982.5 136.5 0 Yaqiao Daxin 0.15 274.5 0 0 0 168097.59 village Baolou 0.763 18934.48 74915 1035.85 3654 Youma 1.44 10567.1 14945 1029 14429.05 Dapai 2.542 114669.45 33617.1 1366.05 21964.2 Paiwu Xiaopai 0 0 0 0 3400.3 465884.46 village Dongma 7.283 70880.46 211606.5 4819.3 3561.1 Jiwei Jiwei 28.511 174212.69 369903 23737.35 6953.6 795777.35 town Jisi 15.789 78701.55 116885.13 8597.93 16786.1 Buchou 17.78 81644.38 148225.28 22354.18 3568.4 Buchou Dashao 12.42 63055.87 130725.17 10609.36 2362.8 636698.07 village Hangshang 6.86 35660.33 70710.26 6121.5 8967.5 Jijiu 3 15890.74 32716.5 2482.2 1603.6 Dongwei 5.55 22375.96 36345 3549 3977.1 Youma 1.5 6338.25 11645 1155 994.5 Yayou Paidakou 5.94 27080.29 52045 4872 6452.9 333323.74 town Hangdu 4.03 25127.17 45666.25 3370.5 3307.5 Majia 5.06 26368.37 43127.75 3643.5 5882.7 total（yuan） 129.71 827847.37 1724555.49 118693.82 112413.6 2783510.28
29
6.3 Compensation for land requisition and resettlement in Fenghuang county
The total cost of resettlement for Huayuan-Fenghuang highway construction in
Fenghuang county is 5587536 yuan, among which land requisition cost of
3349885 yuan, land compensation cost of 1091407 yuan, resettlement compensation cost of 1772107 yuan, young crops compensation cost of
486371.3 yuan, the details are shown in table 6. The total cost for dismantling is
649965 yuan, the cost for dismantling the houses and annexes is 294165 yuan, among which the cost for communications facilities dismantling is 150000 yuan, the cost for network facilities dismantling is 50000 yuan, the summary on compensation for house dismantling in different towns is shown in table 7. The compensation for tomb removal is 110000 yuan. In addition, the highway construction will pass three townships of Qiangongping, Shanjiang, Na’ershan where the optical cables need to be removed with the total cost of 40000 yuan, the details are shown in table 8.
Table 7 Summary on compensation for house dismantling in different towns in Fenghuang county House and Production annexes and living Total townships dismantling facilities （yuan） compensation compensation fee（yuan） fee Lianglin village 78165 5800 83965 Na’ershan 0 0 0 Shanjiang 216000 0 216000 town Qiangongping 0 0 0 Tuojiang town 0 0 0 total（yuan） 294165 5800 299965
30
Table 6 Summary on compensation for land requisition in different towns in Fenghuang county
Land requisition（mu） Compensation fee（yuan） Town- Special Artifi- Natural Em- Enter- House- Country- Compen- Resettle- Young ships total paddy Dry -ized Cial arbor Waste bank- Prise Side total Sation land fish wood- wood- land Site road fee Ment fee crops fee pond land land ment land Lianglin village 24.077 10.432 4.728 0 1.69 2.96 1.797 0 0 0.17 2.3 472394 172616 274993 24785 Na’ershan 49.815 30.784 8.2 0.4 1.25 0 0.1 0 0 0 3.812 1065132 381202 635027 48903 Shanjiang town 40.482 18.6 10.37 0 1.718 0.945 6.589 0 0.614 0 0 755727.4 274856 432372 48499.4 Qiangong- ping 14.174 8.57 4.059 0 0 0 1.136 0 0 0.159 0 359999.9 109100 178365 72534.9 Tuojiang town 20.9065 7.125 10.5995 0.087 0 1.78 0 0.018 0 1.047 0.25 696632 153633 251350 291649 total 149.4545 75.511 37.9565 0.487 4.658 5.685 9.622 0.018 0.614 1.376 6.362 3349885 1091407 1772107 486371.3
31
Table 8 Details on optical cables removal for Huayuan-Fenghuang highway in Fenghuang county townships item quantities unit total （yuan） （yuan） 7m cement pole 5 500 2500 stayguy 3 sets 125 375 150 anchor ear 8 55 440 24 pith optical 0.400km 5800 2320 fiber Optical fiber 48 pith 30 1440 fusion Qiangong- 36 pith optical 2 600 1200 ping fiber splice box 28 loose wire 0.35km 1600 560 holes dug for 5 50 250 poles Stayguy holes 3 50 150 wire clips 875 0.8 700 Cement poles 5 poles 150 750 removing and installation Other fee 1000 Engineering 1193 administration fee Taxation 633 Subtotal 14738 9m cement pole 2 950 1900 Cement pole 2 600 1200 removal and installation Shanjiang Holes dug for 2 80 160 poles 30 protection 10 55 550 pipes 180 anchor ear 2 65 130 Optical fiber 0.25km 2800 700 installation other fee 1000 Engineering 491 administration fee taxation 238 subtotal 6369
32
7m cement pole 7 550 3850 stayguy 3 sets 125 375 150 anchor ear 10 55 550 24 pith optical 0.500km 5800 2900 fiber Optical fiber 24 pith 30 1440 fusion Na’ershan 36 pith optical 2 600 1200 fiber splice box 28 loose wire 0.45km 1600 720 Holes dug for 7 50 350 poles Holes for loose 3 50 150 wire Wire clips 1250 0.8 1000 Cement pole 7 150 1050 removal and installation Optical fiber 0.5km 2800 1400 installation Other fee 1500 Engineering 1558 administration fee Taxation 850 Subtotal 18893 Total 40000
6.4 General situation of compensation for land requisition and resettlement in Huayuan county and Fenghuang county
Totally 279.1645 mu land are requisitioned in Huayuan county and Fenghuang county, with the total cost of resettlement of 10353430.08 yuan, among which the dismantling cost of 696163.8 yuan, taxation of 3523871 yuan, the total cost of land requisition is 6133395.28 yuan. The summary on compensation of land
33
requisition in Huayuan county and Fenghuang county is shown in table 9. The summary on resettlement cost is shown in table 10.
Table 9 Summary on land requisition compensation
in Huayuan county and Fenghuang county Young Land Resettle- crips Scatted land compen- Ment com- Counties compen- tree fee total （mu） Sation fee Pensation Sation fee (yuan） （yuan） fee（yuan） （yuan） Fenghuang 149.45 1091407 1772107 486371.3 3349885.3
Huayuan 129.71 827847.37 1724555.49 118693.82 112413.6 2783510.28
total 279.16 1919254.37 3496662.49 605065.12 112413.6 6133395.58
Table 10 Summary on resettlement cost counties Huyuan Fenghuang （yuan） （yuan） total types （yuan）
Land compensation fee 827847.37 1091407 Land requisition cost Young crops and trees fee (including scatted 231107.42 486371.3 items) 6133395.28 Resettlement 1724555.49 1772107 compensation fee total 2783510.28 3349885 House and annexes 46198.8 299965 dismantling
Tomb removal cost 0 110000 Dismantling cost Dismantling cost for 0 40000 optical cable facilities 696163.8 Dismantling for communications 0 150000 facilities Dismantling cost for 0 50000 network facilities total 46198.8 649965 Tax for arable land 403928 879902 3523871 occupation 34
Taxation Tax for forest 35688 11000 restoration Arable land 1176033 516984 development fee Management fee for 320536 179800 land use total 1936185 1587686 Total of resettlement cost 4765894.08 5587536 10353430.08
6.5 Rebuilding of dismantled houses
13 households with 71 persons are affected in Huayuan county. 8 households are affected by house and annexes dismantling in Fenghuang county, among which 2 households in Lianglin village, 2 households in Shanjiang town, 3 households in Tuojiang town, 1 household in Qiangongping. Altogether 5 households have to dismantle the principal house, among which 2 households in
Huayuan county. In Fenghuang county, 1 household has rebuilt the new house and moved in, 2 households are building the new houses. Other resettlement households (their old houses are not for living purpose) have received the house dismantling fee and will build new houses in their own cost, they are voluntary to dismantle the annexes of houses.
6.6 Re-employment plan of peasants
Although the land compensation fee are paid to individuals, the peasants shall be responsible of re-employment by themselves, the local governments have developed a series of training plan concerning the peasants re-employment. The unemployed peasants can choose the interesting training program by themselves.
The training cost will be paid directly to the training agencies such as agricultural department, women association, labor department, etc. The peasants 35
participating in the training when leaving the village will receive the allowance, the interested women can also participate in the training.
For vulnerable families, besides the government’s salvation, the vulnerable families which need urgent support will receive a great direct support, including the relief fund. Special attention will be paid to the minorities families.
A large amount of temporary labor is needed for the project construction. Local peasants are willing to do this kind of job which can improve their income and can help them restore their living standard.
6.7 Compensation for arable land
To balance the occupation and supplement of arable land in Xiangxi Autonomous
Prefecture and to ensure the smooth approval of the projects needing the arable land occupation, the National land bureau under Xiangxi autonomous prefecture government had issued the document ZHOUGUOTUZIHAN (2009) No.14
(Notification on budgets of the first batch and the second batch of land development projects in 2009) and ZHOUGUOTUZIHAN (2009) No.29
(Notification on budgets of the third batch and the fourth batch of land development projects in 2009). In 2009 the newly-increased arable land in
Huayuan county is 34.62 hectare, details shown in table 11 and table 12. In addition, the National land bureau under Xiangxi autonomous prefecture government had issued the document ZHOUGUOTU (2010) No.44 (Notification on budgets of the projects for balancing the occupation and supplement of arable
36
land (the first batch) in 2010). In 2010 the newly-increased arable land in
Huayuan county is 18.89 hectare and in Fenghuang is 20.88 hectare, details
shown in table 13.
Table 11 Budgets indices explanation of the third batch and the fourth batch of land development projects
in 2009 in Xiangxi Autonomous Prefecture
Increased Investment budget（ten thousand yuan） scale arable Other cost Project Approval Total Engineer- （hec- land Contin- Pre- name document invest- Ing Sub- Super- tare） （hect- gencies Para- employercompletion ment construction total vision are） tion Land development project of ZHOUGUOTU- Xianzai 25.31 18.98 ZIHAN [2009] 99.70 85.48 1.95 12.27 6.08 1.71 1.92 2.56 village, Jiwei No.29 town, Huayuan county
Table 12 Budgets indices explanation of the first batch and the second batch of land development projects
in 2009 in Xiangxi Autonomous Prefecture
37
Increased Investment budget（ten thousand yuan） scale arable Other cost Project Approval Total Engineer- （hec- land Contin- Pre- name document invest- Ing Sub- Super- Comple- tare） （hect- gencies Para- employer ment construction total vision tion are）） tion Land development project of ZHOUGUOTU- Xinzai 9.31 7.19 ZIHAN[2009] 48.13 41.27 0.94 5.93 2.93 0.83 0.93 1.24 village, Jiwei No.14 town, Huayuan county
38
Table 13 Budgets indices explanation of the projects for balancing the occupation and supplement of arable land (the first batch) in 2010 in Xiangxi Autonomous Prefecture
Increased Investment budget（ten thousand yuan） arable Other cost scale Engineer- Total Allowance Prject name land Ing Contin- Pre- （hectare） invest- for arable Sub- Super- Comple- gencies Para- employer （hect- ment construc- land total vision tion tion tion are））） Land development project of 26.98 18.89 143.09 114.18 2.61 9.92 16.38 8.12 2.28 2.56 3.42 Santang village, Yaqiao town, Huayuan county Land development project of Guanzai village, 26.55 20.88 158.16 126.20 2.89 10.96 18.118.97 2.52 2.83 3.79 Ciyan town, Fenghuang county
39
40
6.
VII. Public consultation
Priorities are made to the following two categories during public consultation for resettlement of the project:
1. Affected people, mainly the living people and peasants affected in
different townships by land requisition and resettlement of the project;
2. Local concerned units, mainly the township governments and village
committees.
The public consultation methods include: talking with the people, documents reading, filling in the form of public consultation.
After talking with the local people, the information are collected such as compensation of the land requisition and resettlement for the affected people, the living standard and income affected and improved by the project, the questions and problems in the resettlement. After talking with the concerned units, the general situation of land requisition of the units is known. The overall and objective analysis is done to the protection of legal rights of the people and the units affected by the project.
The real situation is found out by reading the documents such as the agreement on compensation of land requisition in the hand of the affected people and comparing the above-mentioned agreements with the documents in the resettlement office of the Employer.
Two kinds of forms are planned to the two categories for public consultation
(Appendix form 1 and 2). Appendix form 1 is the Resettlement public consultation form for the affected people, Appendix Form 2 is Resettlement public consultation form for the affected units.
Altogether 50 Resettlement public consultation forms for the affected people are delivered to each peasant household, and 30 valid forms are collected, among which the satisfactory rate reaching 34%, basic satisfactory rate reaching 100%.
Altogether 20 Resettlement public consultation forms for the affected units are delivered to different townships, and 20 valid forms are collected, among which the satisfactory rate reaching 45%, basic satisfactory rate reaching 100%.
The problems occurred in the land requisition and resettlement and suggested solutions are as follows:
1. In March 2008, the red line is determined for the project and the people affected by land requisition is already determined. At present the subgrade construction has been completed, 40% of pavement construction has been completed, but Wuchaohe big bridge and Changyishao big bridge are no yet started. The destroyed road caused by project construction had great influence to the local people’s traffic, and the delayed construction of the two big bridges will affect the project’s opening to traffic. The local people and units wish the early completion of the project and early opening to traffic, they hope that the Employer and construction companies will pace up the engineering. The Employer agreed that they will start the preparatory works for the two bridges as early as possible
so as to have an earlier construction of the two bridges and to have an earlier completion of the whole project.
2. According to the “Resettlement plan of Huayuan-Fenghuang highway under
Hunan Roads Development III project” compiled in November 2008, the compensation standard for land requisition is relatively low compared with the standard in other expressway projects and local people have dissent on this. So the local government had public hearing for this subject and adjusted the compensation standard for land requisition after considering the benefits of the affected people. In Huayuan county, the compensation standard will be implemented according to Xiangxi Autonomous Prefecture Government’s document of “Xiangxi Autonomous Prefecture Government’s notification on issuing the land requisition and resettlement standard and method for Jishou-
Chadong expressway ZHOUZHENGFA (2007)No.1”, in Fenghuang county, the compensation standard will be implementated according to Xiangxi Autonomous
Prefecture Government’s document of “The compensation standard and method for land requisition and resettlement of the Huayuan-Fenghuang highway under
Jishou-Chadong expressway”. The economic compensation amount for peasant households and concerned units is increased and the people are basically satisfied.
3. During the land requisition and resettlement, the stipulated procedures and standard are implemented generally according to the “Resettlement plan of
Huayuan-Fenghuang highway under Hunan Roads Development III project”. The
majority of peasants households and townships support the project construction and the resettlement and are satisfied with the compensation amount and the resettlement. But some difficulties are encountered during tomb removal. To facilitate the tomb removal as much as possible, the resettlement office of the project had raised the original tomb removal standard after application to .Xiangxi
Autonomous Prefecture government. The “Xiangxi Autonomous Prefecture government’s notification on the compensation method of house dismantling on collective-owned land in Xiangxi Autonomous Prefecture” is implemented to tomb removal and the working people from resettlement office of the project went to visit the tombs owners many times and persuaded them patiently so that the tomb removal is ensured at last.
4. During project construction, the blasted stones destroyed the crops and trees many times. The Employer’s resettlement office coordinated and the construction companies made compensations.
5. During project construction, the drainage canals were destroyed. Before they were restored, the young crops in the nearby farmland were destroyed many times by heavy rain. The Employer had made compensation to young crops based on fair consultation. At present the destroyed drainage canals are restored.
6. After the red line of land requisition is determined, 2 peasant households in
Qiangongping of Fenghuang county built the main buildings of new houses in spite of being persuaded many times. And they asked for compensation for house dismantling. The resettlement office raised a compensation plan with a
small amount of compensation fund based on the fair and just principles in order to smooth the whole resettlement. Agreement had been reached after consultation. These newly-built houses had no effect to the project progress.
7. Tuojiang town in Fenghuang county is a famous tourist spot. Some
resettlement households in Tuojiang town asked for compensation for
commercial use land and commercial use house. Because the project land
requisition is relatively far from the tourist spot (more than 5km), the
resettlement office of the project does not agree and further coordination need
to be done.
VIII. Conclusion
The Huayuan-Fenghuang highway totals 87.353km, the construction along the
whole alignment started already. Along the whole alignment, 11 townships and
30 villages are affected by land requisition and resettlement, 8 villages are
affected by land requisition and house dismantling, 22 villages are affected by
land requisition.
Until 15 October 2010, altogether 279.1645 mu land are requisitioned in Huayuan
county and Fenghuang county by Huayuan county Huayuan-Fenghuang
highway construction company and Fenghuang county Huayuan-Fenghuang
highway construction company, among which 6 mu of temporary land. The total
resettlement cost is 10353430.08 yuan, among which total dismantling cost of
696163.8 yuan, taxation of 3523871 yuan, total compensation cost for land
requisition is 6133395.28 yuan. 35.3% of permanent land requisition is arable
land, 42 persons lose part of the existing land use right, 13 households need to
dismantle the houses in the countryside. No school, hospital, factory and mines
need to be removed. For Huayuan county, the total cost of resettlement is
4765894.08 yuan, 129.71 mu land are requisitioned, among which 3.4 mu land
of temporary use, 13 households need to dismantle the houses. For Fenghuang
county, the total cost of resettlement is 786336.3 yuan, 149.4545 mu land are
requisitioned, among which 2.6 mu land of temporary use. 242 households are
affected by land requisition. 8 households are affected by house and annexes
dismantling, and the new houses are basically completed.
The local governments have developed a series of training plan concerning the
peasants re-employment affected by the project. The unemployed peasants can
choose the interesting training program by themselves. And also the National
Land Bureau had issued the document to increase the new arable land in
Huayuan county to balance the occupation and supplement of arable land so as
to ensure the approval of projects needing the occupation of arable land. These
measures can ensure the restoration and maintaining of living standard of the
people after the land requisition and resettlement of the project, and no
substantial disadvantageous influence are brought by the project.
There exist some problems during the implementation of the “Resettlement plan
of Huayuan-Fenghuang highway under Hunan Roads Development III project”,
for example, some people think the compensation standard is too low for land
requisition, some peasant households are unwilling to remove the tombs. These
problems are basically resolved after the repeated adjustment and patient
persuading by working people. The public consultations show that the majority
of peasant households and townships support the project construction and land
requisition and resettlement, no act of obstructing the construction happened.
There is no appeal. People are satisfied with the compensation amount and the
resettlement work.
Therefore the land requisition and resettlemenf of Huayuan-Fenghuang highway
project is in line with the “Resettlement plan of Huayuan-Fenghuang highway
under Hunan Roads Development III project” until 15 October 2010 generally.